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I found out that I am still married to my previous wife and

Customer Question
I am currently married now...
I found out that I am still married to my previous wife and I am currently married now in the state of virginia
JA: Has anything been filed or reported?
Customer: I got the marriage license last week to my fiance
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all
Submitted: 1 year ago.Category: Family Law
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11/11/2016
Family Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 35,896
Experience: 30 plus years of experience.
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Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

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Customer reply replied 1 year ago
Hello I found out I'm still married and I'm currently married to my fiance. I'm in the state of virginia is there anything I can do?
Family Lawyer: Loren, Lawyer replied 1 year ago

You need to complete the divorce process from your first wife if she is still living. A bigamous marriage is void from the outset. In other words, you are not in a legally enforceable marriage.

Additionally, bigamy is a crime. If she knowingly committed this crime for which you could be criminally prosecuted.

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Customer reply replied 1 year ago
I didn't know
Family Lawyer: Loren, Lawyer replied 1 year ago

That is ok. You just need to complete the divorce process and remarry you current wife when the divorce is over.

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Family Lawyer: Loren, Lawyer replied 1 year ago

If it was accidental then it is unlikely you would ever be prosecuted criminally.

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Customer reply replied 1 year ago
I would have to go to the courthouse again to remarry her?
Customer reply replied 1 year ago
Wouldn't that bring up problems that I was married to the first wife?
Family Lawyer: Loren, Lawyer replied 1 year ago

Yes, after the divorce from the first wife you would remarry the current. The license for your current marriage is void, as it is bigamous.

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Customer reply replied 1 year ago
When I go to the courthouse will the price cute me there?
Family Lawyer: Loren, Lawyer replied 1 year ago

No, just take out a licensee and it should be fine. This sometimes happens by mistake. They will not prosecute you unless there was some sort of fraud perpetrated. If it was just a mistake or misunderstanding then you should be fine.

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Family Lawyer: Loren, Lawyer replied 1 year ago

Just take steps to correct the problem and diligently pursue it to completion.

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Customer reply replied 1 year ago
Ok, I also have a question because I'm still married,my fiances immigration application is slated to go through, what do I do about that?
Family Lawyer: Loren, Lawyer replied 1 year ago

You can not represent yourself as legally married. That will need to put on hold until the divorce is completed. You can be a fiance while married, just not a spouse.

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Customer reply replied 1 year ago
How long will an uncontested marriage take in the state if virginia?
Family Lawyer: Loren, Lawyer replied 1 year ago

How long the court will take to sign your divorce will simply depend on the judge’s schedule; however if your spouse accepts service and waives answering the divorce complaint, your divorce could be handled very quickly. The date the judge signs the Decree of Divorce is when your divorce becomes final.

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Customer reply replied 1 year ago
Ok in the meantime, how would this situation would be found out by the state?
Family Lawyer: Loren, Lawyer replied 1 year ago

It will not unless someone is actively looking.

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Family Lawyer: Loren, Lawyer replied 1 year ago

Usually, it happens in the course of a divorce or probate that it is discovered.

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Family Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

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Family Lawyer: Loren, Lawyer replied 1 year ago

Did you have further questions before you rate my service to you.

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Customer reply replied 1 year ago
Hello I do,if the process of divorce is going on now, will the court serve me because I'm still married?
Family Lawyer: Loren, Lawyer replied 1 year ago

No, you should not be criminally charged. Nor would family court handle a criminal matter.

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Family Lawyer: Loren, Lawyer replied 1 year ago

It is rarely prosecuted criminally if there was not fraud involved.

It need not even be brought up in the uncontested divorce action

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Family Lawyer: Loren, Lawyer replied 1 year ago

Did you have further questions? Have I answered your question?

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Family Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Family Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
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Category: Family Law
Satisfied Customers: 35,896
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